- Why in news
- On 23 March 2026, the Minister of State for Tribal Affairs told Lok Sabha that Scheduled Areas in Fifth Schedule States are governed under Article 244 read with the Fifth Schedule, and that Governors' decisions and TAC records are kept by State Governments.
- What it is
- Article 244(1) applies the Fifth Schedule to the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram. The Governor holds wide powers over Scheduled Areas, and a Tribes Advisory Council advises on tribal welfare. Article 244(2) applies the Sixth Schedule to the northeastern tribal areas.
- Constitutional basis
- Scheduled Areas in Fifth Schedule States are administered under Article 244 read with the Fifth Schedule.
- Governor's regulation power
- Under paragraph 5(1), Governors may make regulations for peace and good governance of Scheduled Areas, including local governance.
- Tribes Advisory Council
- Paragraph 4 provides for TACs in States with Scheduled Areas, and in other States with Scheduled Tribes if the President directs.
- Who runs TACs
- Composition, procedure and functioning of TACs, including meetings, are set by State Governments.
- Who declares Scheduled Areas
- The President declares Scheduled Areas (Fifth Schedule, paragraph 6).
- TAC size
- A TAC has up to 20 members, about three-fourths of whom are Scheduled Tribe representatives from the State Legislative Assembly.
Don’t confuse with Fifth vs Sixth Schedule: Fifth: Scheduled Areas in most States, run by the Governor with TACs. Sixth: tribal areas of Assam, Meghalaya, Tripura, Mizoram, run through Autonomous District and Regional Councils.
Don’t confuse with Article 244(1) vs 244(2): 244(1) applies the Fifth Schedule; 244(2) applies the Sixth Schedule.
Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.
Why it matters
- Gives tribal areas special protection of land, culture and self-rule.
- Governor's powers allow laws to be adapted to tribal needs.
Problems
- Records of Governors' decisions and TAC work are held by States, which weakens central oversight and transparency.
- TACs may meet irregularly and Governors rarely use regulation powers.
Way forward
- Publish Governors' regulations and TAC meeting records openly.
- Make TACs work regularly and align them with PESA 1996 and the Forest Rights Act.
Put in your answer
PESA 1996: The Panchayats (Extension to Scheduled Areas) Act, 1996 extends Panchayat provisions to Fifth Schedule areas with gram sabha powers.
Samatha judgment (1997): The Supreme Court barred transfer of tribal land in Scheduled Areas to non-tribals and private parties.
- 2013Mains GS3 · Q24Impact of non-implementation of Fifth Schedule on Left Wing Extremism
- 2016Mains GS1 · Q10Why tribals are called Scheduled Tribes; constitutional provisions for their upliftment
- 2026Mains GS3 · Q10Discuss BADP and demand for Sixth Schedule provisions for Ladakh
- 2026Prelims Q57Which statement wrongly places Assam, Meghalaya, Tripura, Mizoram under Fifth Schedule
- 2025Prelims Q56Fifth Schedule areas: State executive power, local bodies, Union takeover on Governor's recommendation
- 2022Prelims Q73Best consequence of bringing an area under the Fifth Schedule
UPSC’s own questions that come close to this issue, from our Prelims and Mains banks.
Prelims practice · Statement I and II
Ours, not from a UPSC paper
Consider the following statements about the administration of Scheduled Areas under the Fifth Schedule:
- Statement-I: The Governor of a Fifth Schedule State may make regulations for the peace and good governance of the Scheduled Areas in that State.
- Statement-II: Scheduled Areas are declared by the Governor of the concerned State.
Which one of the following is correct in respect of the above statements?
True or false?
1 of 6
Statements the way Prelims prints them. Say first, then see the fact.
1.Article 244(1) read with the Fifth Schedule governs the administration of Scheduled Areas in States other than Assam, Meghalaya, Tripura and Mizoram.
True. The Fifth Schedule applies to all States except the four northeastern States covered by the Sixth Schedule.
2.Under paragraph 5(1) of the Fifth Schedule, the Governor may make regulations for peace and good government of Scheduled Areas.
True. Paragraph 5(1) gives the Governor this regulation-making power.
3.Tribes Advisory Councils can be set up only in States that have Scheduled Areas.
False. They can also be set up in States with Scheduled Tribes but no Scheduled Areas, if the President directs.
4.Scheduled Areas are declared by the Governor of the concerned State.
False. The President declares Scheduled Areas.
5.A Tribes Advisory Council has at most 20 members, about three-fourths of them Scheduled Tribe members of the State Legislative Assembly.
True. Maximum 20 members; roughly three-fourths are ST MLAs.
6.The Governor may direct that an Act of Parliament or the State Legislature does not apply to a Scheduled Area, or applies with modifications.
True. Paragraph 5(1) gives the Governor this power.
Written by us from the release, not by UPSC; checked by a second model.
Mains practice
15 marks · 250 words
The Minister of State for Tribal Affairs recently told Lok Sabha that Scheduled Areas in Fifth Schedule States are governed under Article 244 read with the Fifth Schedule, and that records of the Governors' decisions and of Tribes Advisory Councils are kept by State Governments. Discuss the constitutional provisions for the administration of Scheduled Areas under the Fifth Schedule. Examine the challenges in the effective use of the Governor's powers and the functioning of Tribes Advisory Councils.
Worth revising until Prelims 2027: most news questions come within two years of the event.